Unlike the French crown, the Spanish crowns could all be inherited by, or through, a female in default of a male line. The next in line after Charles II, therefore, were his two sisters: Maria Theresa, the elder, and Margaret Theresa, the younger. Maria Theresa had married Louis XIV in 1660 and by him she had a son, Louis, Dauphin of FranceThe Kingdom of France is the historiographical name or umbrella term given to various political entities of France in the medieval and early modern period. It was one of the most powerful states in Europe since the High Middle Ages. It was also an early colonial power, with possessions around the world. Colonial conflicts with Great Britain led to the loss of much of its North American holdings by 1763. The Kingdom of France adopted a written constitution in 1791, but the Kingdom was abolished a year later and replaced with the First French Republic. . If it had been a matter of hereditary rights the Dauphin would have been heir presumptive to the SpanishThe Spanish Empire was a colonial empire governed by Spain and its predecessor states between 1492 and 1976. One of the largest empires in history, it was the first to usher the European Age of Discovery and achieve a global scale, controlling vast territory. It was one of the most powerful empires of the early modern period, reaching its maximum extent in the 18th century. Monarchy, but she had renounced her claim of succession in return for the payment of a dowry of half a million gold crowns. The testament of her father, Philip IV, reiterated this waiver and bequeathed the reversion of the whole of the Spanish dominions to his younger daughter, Margaret Theresa. However the French, using in part the excuse that the dowry promised Maria Theresa was never paid, insisted that her renunciation was invalid. Nor was it clear whether a princess could waive the rights of her unborn children.
Leopold I married Margaret Theresa in 1666. At her death in 1673 she left one living heir, Maria Antonia, who in 1685 married Max Emanuel, Elector of Bavaria. Shortly before her death in 1692, she gave birth to a son, Joseph Ferdinand. When she married, Maria Antonia had formally agreed to waive her rights to the Spanish thrones in favour of Leopold I's sons from his third marriage: the elder Archduke Joseph (b. 1678), who would succeed Leopold I as Holy RomanThe Holy Roman Empire was a political entity in Western, Central, and Southern Europe that developed during the Early Middle Ages and continued until its dissolution in 1806 during the Napoleonic Wars. From the accession of Otto I in 962 until the twelfth century, the Empire was the most powerful monarchy in Europe. The empire reached the apex of territorial expansion and power in the mid-thirteenth century, but overextending led to partial collapse. Emperor and ruler of the Austrian HabsburgThe Archduchy of Austria was a major principality of the Holy Roman Empire and the nucleus of the Habsburg monarchy. With its capital at Vienna, the archduchy was centered at the Empire's southeastern periphery. The archduchy's history as an imperial state ended with the dissolution of the Holy Roman Empire in 1806. It was replaced with the Lower and Upper Austria crown lands of the Austrian Empire. lands, and the younger Archduke Charles (b. 1685), who Leopold I promoted as the candidate for the Spanish succession. However, the waiver imposed upon Maria Antonia was questionable and not recognised in Spain where, instead, the Council of State welcomed the prospect of Joseph Ferdinand – a great-grandson of Philip IV – inheriting the entire empire. The Bavarian claim also attracted support from the Maritime Powers ( EnglandThe Kingdom of England was a sovereign state on the island of Great Britain from about 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain. The Viking invasions of the 9th century upset the balance of power between the English kingdoms, and native Anglo-Saxon life in general. The English lands were unified in the 10th century in a reconquest completed by King Æthelstan in 927. and the Dutch RepublicThe Dutch Republic was a confederation that existed from 1579, during the Dutch Revolt, to 1795. It was a predecessor state of the Netherlands and the first fully independent Dutch nation state. Although the state was small and contained only around 1.5 million inhabitants, it controlled a worldwide network of seafaring trade routes. The income from this trade allowed the Dutch Republic to compete militarily against much larger countries. It amassed a huge fleet of 2,000 ships, initially larger than the fleets of England and France combined. ) who, despite guarantees to Leopold I for the Spanish succession in alliance treaties of 1689, recognised that the House of Wittelsbach offered no threat to the balance of power in Europe.
If he chose, Louis XIV could attempt to assert his will on Spain by force of arms, but the Nine Years' War had been an immense drain on France's resources. Moreover, Leopold I's war with the Ottoman TurksThe Ottoman Empire, also known as the Turkish Empire, was an empire that controlled much of Southeast Europe, Western Asia, and Northern Africa between the 14th and early 20th centuries. The Ottomans ended the Byzantine Empire with the conquest of Constantinople in 1453. The Ottoman Empire's defeat and the occupation of part of its territory by the Allied Powers in the aftermath of World War I resulted in its partitioning and the loss of its Middle Eastern territories. in the Balkans was nearing a successful conclusion, and the Emperor would soon be in a position to transfer his energies west and bolster his claim to the full Spanish inheritance. To seek a satisfactory solution and gain support, Louis XIV turned to his long-standing rival William of Orange, who was both Dutch Stadtholder and King of England (as William III). England and the Dutch Republic had their own commercial, strategic and political interests within the Spanish empire, and they were eager to return to peaceful commerce. However, the Maritime Powers were in a weakened state and both had reduced their forces at the conclusion of the Nine Years' War. Louis XIV and William III, therefore, sought to solve the problem of the Spanish inheritance through negotiation, based on the principle of partition (at first without prior reference to the Spanish or Austrian courts), to take effect after the death of Charles II.
The First Partition Treaty, signed by the Duke of Tallard and the Earl of Portland on 26 September 1698 and ratified on 11 October, allocated Naples and Sicily, the Tuscan ports, Finale, and the Basque province of Guipuzcoa, to the Dauphin of France; Leopold I's second son, Archduke Charles, would receive the Duchy of Milan and its dependencies. However, the bulk of the empire – most of peninsular Spain, the Spanish Netherlands, Sardinia, and the overseas territories – would transfer to the Bavarian prince, Joseph Ferdinand. Under Joseph the Spanish Monarchy would remain independent from either French or Austrian control, but his premature death in February 1699 necessitated the drawing up of a Second Partition Treaty, the preliminary of which was signed between William III and Tallard on 11 June, then later ratified by the States General on 25 March 1700.
The Spanish Empire was now divided between the three surviving candidates. By this new treaty Archduke Charles would receive most of Spain, the Spanish Netherlands, Sardinia, and the overseas empire. The Dauphin would acquire Gipuzkoa, as well as the rest of Spain's Italian possessions, on the understanding that Milan would be exchanged for the Duchy of Lorraine, which in turn would be incorporated into France. For Leopold I, however, control of Spain and its colonial empire was less important than Italy, in particular Milan which he regarded as essential for the security of Austria's south-western flank. Although Leopold I and his ministers were willing to accept some sort of partition, they would not agree to a deal that shut the Austrians out of Italy. Leopold I, therefore, opposed the Second Partition Treaty. This was due in part to an adherence to Habsburg dynasticism, but by opposing the division of the Spanish Monarchy the Emperor also hoped to create a favourable impression in Madrid where the idea of partition had been received with consternation.
Uppermost in the minds of the Spanish ministers was the need to preserve their empire intact and put it in hands powerful enough to guarantee that integrity. The preservation of the whole empire for the next generation of Spaniards was the driving motive in the last months of Charles II's life, but the grandees, led by Cardinal Portocarrero, knew that militarily their country was at the mercy of neighbouring France and that Austria, lacking a navy, could not hope to validate its claims. Consequently, Charles II, pressed on his sick-bed by his ministers, signed his final will on 3 October 1700, annulling the renunciations imposed on Maria Theresa and fixing the entire inheritance on the younger grandson of Louis XIV, Philip, Duke of Anjou. As Philip was not immediately in line for the French throne (the Dauphin and the Duke of Burgundy stood between him and the crown), the Spanish government hoped that this arrangement would be acceptable to European states who feared the unification of the French and Spanish thrones under a single monarch. If Philip should die or refuse, the offer was to extend to his younger brother, the Duke of Berry; if they both refused, the undivided inheritance would be offered to Archduke Charles.
King Charles II of Spain finally died on 1 November 1700. Louis XIV now faced a dilemma which he himself recognised as intractable. If he forbade the Duke of Anjou to accept the Spanish thrones and instead adhered to the Second Partition Treaty — which Leopold I had refused to sign and the Spanish had refused to recognise — Archduke Charles would almost certainly be acknowledged as the King of Spain and all its dominions, as stipulated in Charles II's last will. The Austrian Habsburgs would accrue enormous power while France would gain nothing, and war with both Spain and AustriaThe Archduchy of Austria was a major principality of the Holy Roman Empire and the nucleus of the Habsburg monarchy. With its capital at Vienna, the archduchy was centered at the Empire's southeastern periphery. The archduchy's history as an imperial state ended with the dissolution of the Holy Roman Empire in 1806. It was replaced with the Lower and Upper Austria crown lands of the Austrian Empire. would be inevitable. Accepting the will of Charles II would also mean war with Leopold I, but in this case France would be allied with Spain defending rights recognised in the Spanish Monarchy. In any event the French king surmised that the Maritime Powers — anxious themselves for peace — would be either neutral or only half-heartedly involved, so long as the French and Spanish crowns were not united. With this reasoning, Louis XIV decided to accept Charles II's last testament, and sent his grandson to Madrid to reign there as King Philip V of Spain.
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